Township of Bernards, NJ
Somerset County
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Table of Contents
Table of Contents
[Ord. #1004, § 7]
a. 
Permitted Uses.
1. 
Dwelling, single family detached.
2. 
Dwelling, one family cluster.
3. 
Townhouse.
4. 
Dwelling, twin home or duplex.
5. 
Dwelling, multifamily.
6. 
Public parks, playgrounds, and conservation areas.
7. 
Common open space.
8. 
Uses permitted in Village Center area only - see subsection 21-84.11b, 6.
9. 
Golf course (in golf course area only).
10. 
Golf clubhouses, including but not limited to health club/fitness center, restaurant/banquet facilities, pools, tennis/paddle tennis courts and other customary facilities (in golf course area only).
11. 
Golf course maintenance buildings (in golf course area only).
12. 
Country inns (Village Center or golf course area only).
13. 
Public schools.
14. 
Municipal public uses, such as a library annex or maintenance building.
b. 
Accessory Uses.
1. 
Recreational facilities.
2. 
Accessory buildings.
3. 
Off-street parking and garages.
4. 
Fences.
5. 
Signs.
6. 
Public utilities.
7. 
Structures or facilities required by golf course uses.
8. 
Water towers, irrigation systems and related equipment.
9. 
Sanitary and water pump stations.
10. 
Outdoor temporary storage by a homeowners' or condominium association of its snow removal equipment upon issuance of a winter storm watch or warning/advisory for Somerset County by the National Oceanic and Atmospheric Administration's National Weather Service. The homeowners' or condominium association shall cease outdoor storage of its snow removal equipment within (a) 72 hours of the National Weather Service terminating its winter storm watch or warning/advisory for Somerset County, or (b) 24 hours after the diligent and timely removal of the elements of snow away from streets, parking areas, sidewalks, walkways, paths, stairs or other areas commonly utilized by pedestrians or motor vehicles, whichever occurs first.
[Ord. #1909, 11-28-2006, added]
[Ord. #1004, § 7]
a. 
The maximum number of dwelling units shall be 1,893.
b. 
Total nonresidential uses are limited to 50,000 square feet of retail sales of goods and services, general offices and/or country inn uses. Post office(s) shall be limited to 5,000 square feet.
c. 
A twenty-seven-hole golf course, fifty-thousand-square-foot clubhouse, ten-thousand-square-foot maintenance facility and snackbar/halfway houses up to 2,500 square feet.
d. 
In addition to the uses listed in Paragraphs a, b and c above, religious facilities, a seven-thousand-five-hundred-square-foot day-care center (both located within the retail center area), recreation facilities for residents and park and ride lot are permitted.
[Ord. #1004, § 7]
a. 
Tract Setback. All development shall maintain a one-hundred-foot minimum buffer to all exterior property lines with three exceptions: where the developer has committed to larger buffers in a settlement agreement; (2) along municipal boundaries where densities on both sides of the boundary line will be similar; or (3) at those locations along an exterior property line where the neighboring property is zoned for a density similar to what the developer proposes to build at that location. In the case of exceptions (2) and (3), the required buffer shall be consistent with the minimum yard setbacks on the neighboring property. Any required buffer shall be bermed, landscaped or left in its natural state and remain unoccupied except for entrance roads crossing the buffer area, utilities limited intrusions by golf paths, detention facilities or landscaped golf course elements. Buffers for all single-family and two-family development may include minimum yard requirements, except for minimum rear yard setbacks.
b. 
Setback from Golf Course.
1. 
No residential building shall be located closer to any golf course property line than the applicable minimum yard set forth in Subsection 21-84.4 below.
2. 
No townhouse or multifamily building shall be located closer than 50 feet from any edge of fairway, green or tee-off area.
3. 
The center line of any golf hole shall be located a minimum of 150 feet from any clubhouse, maintenance building or residential building. This distance may be reduced to 100 feet at the tee, flaring out to 150 feet at the distance, 300 to 360 feet from the tee and continuing for the length of the hole. This standard may be waived where, due to design, topography, orientation, landscape treatment or other features, a lesser distance will protect the safety and privacy of users and residents of the proposed structures.
c. 
Nonresidential Setback. No residential building shall be located closer than 25 feet from any nonresidential property line.
d. 
Collector Road Buffer. Where residential developments abut major collector roads, adjacent units should front on local streets, and a landscape buffer should be provided along the property line abutting the major collector road. The buffer strip shall be minimum of 25 feet in depth and, where deemed appropriate by the Planning Board based upon topography, grading conditions, lot size, landscaping, need for privacy or screening and similar considerations, may include any combination of trees, shrubs, berms and fences. Fences in this area must conform to front yard standards. The buffer may be included as part of the minimum yard or setback requirement and shall be subject to a conservation easement or restriction.
[Ord. #1228, § 4, 8-21-1997, amended]
[Ord. #1004, § 7]
Permitted Uses
Minimum Lot Area
(sq. ft.)
Minimum Lot Width
(feet)
Minimum Yards Front
(feet)
Side One/Both
(feet)
Rear
(feet)
Maximum Building Coverage
Maximum Height
(feet)
Dwelling, one-family
7,000
50
25
10/15
25
35%
35
Dwelling, one-family cluster
Refer to Subsection 21-84.5b
35
Townhouse
N/A
16
25
N/A
20
60%
35
Dwelling, two-family (horizontally separated)
6,000
60
25
10/15
25
40%
35
Two-family (vertically separated)
3,000
30
25
0/10
25
40%
35
Dwelling, multifamily
N/A
N/A
N/A
N/A
N/A
N/A
35
[Ord. #1004, § 7]
a. 
The minimum distance between townhouses and multifamily buildings shall be as follows:
1. 
Windowless wall to windowless wall: 20 feet.
2. 
Window wall to windowless wall: 30 feet.
3. 
Window wall to window wall:
(a) 
Front to front: 75 feet.
(b) 
Rear to rear: 50 feet.
(c) 
End to end: 30 feet.
4. 
Deck to deck, provided top of deck platform is no more than three feet above finished grade: 30 feet.
5. 
No deck shall extend closer than 40 feet to any opposing building face.
6. 
Any building face to right-of-way: 25 feet.
7. 
Any building face to collector street curb: 40 feet.
8. 
Any building face to common parking curb 20: feet.
b. 
The minimum distance between one-family cluster buildings shall be as follows:
1. 
Windowless wall to windowless wall: 15 feet.
2. 
Window wall to windowless wall: 15 feet.
3. 
Window wall to window wall:
(a) 
Side to side: 20 feet.
(b) 
Side to rear: 30 feet.
(c) 
Rear to rear 40 feet.
(d) 
Front to front: 40 feet.
4. 
Windowless wall to deck (with landscape screen): 15 feet.
5. 
Deck to deck (provided top of deck platform is maximum three feet off finished grade): 20 feet.
6. 
Deck to window wall (provided top of deck platform is maximum three feet off finished grade): 20 feet.
7. 
Any building face other than a garage side or rear to local street right-of-way: 25 feet.
8. 
Any garage face other than door opening to local street right-of-way: 20 feet.
9. 
Any building face to collector street right-of-way: 40 feet.
c. 
The Planning Board may reduce the distances in Subsection 21-84.5a. by not more than 20% if there is an angle of 20° or more between buildings and if extensive landscaping and buffers, which provide necessary screening and shielding, are placed between buildings, and further provided that the reductions assist in meeting the objective of this article and do not create any adverse negative impacts.
[Ord. #1004, § 7]
a. 
Off-street parking shall be provided as follows:
Type of Dwelling Unit
Number of Spaces
Dwelling units with 1 bedroom or less
1.5
Dwelling units with 2 bedrooms or more
2.0
b. 
An additional 10% of off-street parking shall be provided for visitors.
c. 
All common off-street parking shall be located within 300 feet of the dwelling unit served.
d. 
Mt. Laurel units: 2.0 spaces per dwelling, with no additional visitor parking required.
[Ord. #1004, § 7]
a. 
Efficiency: 450 square feet.
b. 
One-Bedroom: 550 square feet.
c. 
Two-bedroom: 660 square feet.
d. 
Three-bedroom: 850 square feet.
[1]
Editor's Note: Former § 21-84.8, Lower-Income Housing Requirements, as amended, was repealed by Ord. #2117, § 7, 6-26-2010.
[Ord. #1004, § 7]
a. 
A minimum of 20% of the total land area within the PUD-5 development other than single or two family housing and which may include environmentally restricted land, shall be designated for conservation, open space, recreation and/or other common open space. Open space shall be located so as to be convenient and accessible to all residents and tenants. Land dedicated to golf course uses shall not count towards this requirement.
b. 
All property owners and tenants shall have the right to use the common open space.
c. 
Common open space may be deeded to the Township, if accepted by the governing body, or to an open space organization or trust, or to a private nonprofit organization charged with the provision of recreation activities for the residents and tenants of the development.
d. 
All common open space deeded to an open space organization, trust, or private organization, shall be owned and maintained as provided for in N.J.S.A. 40:55D-43.
e. 
Common recreation facilities shall be provided as follows:
1. 
Basketball - one court per 5,000 population.
2. 
Tennis - one court per 2,000 population.
3. 
Swimming pool - 27 square feet of pool area per person for four to five (4-5%) percent of population.
4. 
Tot lots - at rate of one tot lot per neighborhood (or jointly serving more than one neighborhood) where densities exceed 2.2 units per acre located more than one-half (1/2) mile from a major recreational facility. Waivers shall be available based on demographic data showing lack of need for facility.
5. 
Softball, other ballfields - one field per 5,000 population.
These requirements shall be applied to the residential development as a whole and not on a section-by-section basis.
[Ord. #1004, § 7]
a. 
Drainage.
1. 
Where nonstructural means of controlling surface runoff, such as swales, is feasible and adequate, such nonstructural means shall be permitted.
2. 
The system shall be adequate to carry off the stormwater and natural drainage water which originates not only within the lot or tract boundaries but also that which originates beyond the lot or tract boundaries at the time of development. No stormwater runoff or natural drainage water shall be so diverted as to overload existing drainage systems or create flooding or the need for additional drainage structures on other private properties or public lands without proper and approved provisions being made for mitigation of these conditions.
3. 
Water runoff shall be regulated as indicated in sections 21-23 and 21-42 of this chapter.
4. 
Where required by the Township and as indicated on an approved development plan, a drainage right-of-way easement shall be provided to the Township where a tract or lot is traversed by a system, channel or stream. The drainage right-of-way easement shall conform substantially with the lines of such watercourse and, in any event, shall meet any minimum widths and locations as shown on any official map and/or master plan.
b. 
Lighting.
1. 
Street lighting shall be provided for all street intersections, parking areas, and where deemed necessary for safety reasons. Golf course cart paths shall be exempt from this requirement.
2. 
Any outdoor lighting such as: building and sidewalk illumination, driveways with no adjacent parking, the lighting of signs, recreational uses, and ornamental lighting, shall be shown on the lighting plan in sufficient detail to show a determination of the effects upon adjacent properties, roads, and traffic safety from glare, reflection, and overhead sky glow in order to recommend steps needed to minimize these impacts.
3. 
The maximum intensity of lighting permitted on roadways shall be as required in section 21-41 of this chapter.
c. 
Sanitary Sewers. Where required and where a public or private treatment and collection system is provided, the developer shall design and construct such facilities in accordance with the N.J.D.E.P. permit requirements and in such a manner as to make adequate sewage treatment available to each lot and structure within the development from said treatment and collection system. If a public or private treatment and collection system is included as part of a development application, the developer shall install sewers, including connections to each home to be constructed.
d. 
Streets.
1. 
All developments shall be served by paved streets in accordance with the approved subdivision and/or site plan. All such streets shall have adequate drainage.
2. 
Local streets shall be planned so as to discourage through traffic.
3. 
Street design and construction standards shall be as required in sections 21-21, 21-36, 21-37, 21-44 and 21-45 of this chapter except as noted below:
(a) 
Cul-de-sacs shall be not more than 1,250 feet in length and shall provide access to no more than 80 dwelling units. A turnaround shall be provided at the end of the cul-de-sac with a paved turning radius of 40 feet and a R.O.W. radius in the case of public streets of 50 feet.
(b) 
The pavement standards for all roads shall be a base course of five inches of Bituminous Stabilized Base Mix 1 placed on a compacted unyielding subgrade, with a surface course of one and one-half (1 1/2) inches of Bituminous Concrete, type F.A.B.C.-1 Mix #5 applied in accordance with State highway specifications. Four inch stone subbase material is required unless other subbase material is satisfactory or preferred.
(c) 
Private streets may be provided through the golf course area and through residential sections composed of multifamily, townhouse and/or single family cluster homes. No right-of-way beyond the curbline is required for private roads.
(d) 
Public streets shall be located in a right-of-way with a minimum width of 40 to 50 feet.
e. 
Water Supply. Adequate public water service, in terms of flow and pressure, shall be made available to each lot or building within the development. The system shall be designed and constructed in accordance with the requirements and standards of the agency or authority having water supply jurisdiction.
[Ord. #1004, § 7; Ord. #1143]
a. 
Intent and Purpose of Commercial Development. The proposed commercial development shall be based on an overall design plan submitted as part of either a general development plan or a preliminary site plan. The commercial development should provide an integrated design and arrangement of buildings, taking into consideration building scale, building massing, open space, and usage. For the commercial area (excluding the golf course area), the intent is to create a "village center." The plan submitted for Planning Board review should include the following information:
1. 
Proposed building architecture;
2. 
Proposed building construction and materials; and
3. 
Proposed landscape plan, street furniture, lighting and other aspects of the center.
b. 
Standards for Review.
1. 
All individual lots shall have access to a public street.
2. 
A landscaped buffer shall be provided on commercial property located contiguous to residential areas. Such buffer shall be a minimum of 25 feet in depth and shall be landscaped and mounded to provide a solid evergreen screen.
3. 
Performance Standards. No commercial use shall create glare, heat, noise, odor, or physical vibrations, perceptible at the Village Center property line.
4. 
If the commercial building is not connected by common roofline, then individual buildings must be separated by at least 20 feet or minimum BOCA requirements, whichever is more.
5. 
Off-street parking and loading shall be in accordance with Section 21-22 except that parking may be provided in the front yard area if suitably screened and in accordance with overall approved plan.
6. 
Permitted Uses.
(a) 
Retail sales of goods and services, liquor stores.
[Ord. #1466, 5-15-2001, amended]
(b) 
General offices.
(c) 
Country inn.
(d) 
One dwelling within a building which also contains a business use.
(e) 
Restaurants, but not drive-in restaurants.
(f) 
Park and ride facilities.
(g) 
Health clubs.
(h) 
Day-care facilities, not exceeding 7,500 square feet.
(i) 
Post offices, not exceeding 5,000 square feet.
(j) 
Religious facilities, not exceeding 10,000 square feet.
7. 
Accessory Uses.
(a) 
Accessory uses customarily incidental to the above permitted uses.
8. 
Bulk and Yard Requirements:
(a) 
Maximum FAR: N/A.
(b) 
Maximum Village Center area (tract) coverage: 75%.
(c) 
Maximum height: 35 feet.
(d) 
Minimum lot width: N/A.
(e) 
Minimum frontage: N/A.
(f) 
Minimum lot size: N/A.
(g) 
Minimum building setback to residential property line: 50 feet.
(h) 
Minimum parking setback to residential property line: 25 feet.
(i) 
Minimum distance between building and common parking: 10 feet.
(j) 
Building setback from curb: 20 feet.
9. 
Retail/Office/Country Inn Mix.
(a) 
A maximum of 50,000 square feet of retail/general office/country inn uses shall be permitted with no more than 75% of the space occupied by retail uses and no less than 50% of the space occupied by retail uses.
(b) 
The maximum 50,000 square feet of retail/general office uses shall be contained in building(s) in which a minimum of two-thirds (2/3) of the first floor is occupied by retail uses. This restriction shall not apply to country inns.
10. 
Exceptions.
(a) 
Maximum lot coverage standards shall not apply to any park and ride facility. Instead, any park and ride facility shall be designed to assure sufficient drainage on and off the site. A minimum of 10% of interior parking areas shall be landscaped.
[Ord. #1004, § 7]
Notwithstanding any provisions set forth elsewhere in this article, the Planning Board may waive any engineering and construction design requirements contained in this article, in order to achieve the objectives of this article, provided that the Planning Board shall be satisfied that such a waiver does not jeopardize the public health and safety, and the same is consistent with the intent and purpose of this chapter.
[1]
Editor's Note: Former § 21-84.13, Housing Fees, added by Ord. #1103, § 70, former § 21-84.14, Certificate of Occupancy, added by Ord. #1103, § 70, as amended, and former § 21-84.15, Deposits by Purchasers, added by Ord. #1103, § 70, were repealed by Ord. #2117, § 7, 6-26-2010.